Executive Order 12988, Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
Departments are required to submit to the Office of Management and
Budget (OMB), for review and approval, any reporting or recordkeeping
requirements inherent in a rule. This rule does not impose any new
reporting or recordkeeping requirements under the Paperwork Reduction
Act.
List of Subjects
8 CFR Part 214
Administrative practice and procedures, Aliens, Employment.
8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
8 CFR Part 248
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is proposed to be amended as follows:
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1101 note, 1103, 1182, 1184, 1186a,
1187, 1221, 1281, 1282; sec. 643, Pub. L. 104-208, 110 Stat. 3009-
708; Public Law 106-386, 114 Stat. 1477-1480; Section 141 of the
Compacts of Free Association with the Federated States of Micronesia
and the Republic of the Marshall Islands, and with the Government of
Palau, 48 U.S.C. 1901 note, and 1931 note, respectively; 8 CFR part
2.
2. Section 214.2 is amended by revising paragraphs (b)(1) and
(b)(2) and by adding a new paragraph (b)(6), to read as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(b) * * *
(1) General. Any B-1 visitor for business or B-2 visitor for
pleasure may be admitted for not more than 6 months and may be granted
extensions of temporary stay in increments of not more than 6 months
each. Those B-1 and B-2 visitors admitted pursuant to the waiver
provided at Sec. 212.1(e) of this chapter may be admitted to and stay
on Guam for a period not to exceed 15 days and are not eligible for
extensions of stay.
(2) Specific requirements for admission of B-1 and B-2 visitors.
(i) Initial admission. The burden is on the arriving alien to
adequately explain to the inspecting Service officer the precise nature
of the visit so the Service officer can make a determination on the
period of stay to be granted. Any B-1 or B-2 visitor who is found
otherwise admissible will be admitted for a period of time that is fair
and reasonable for the completion of the stated purpose of the visit,
provided that any required passport is valid as specified in section
212(a)(7)(B)(i) of the Act. If it is not clear whether a shorter or
longer period would be fair and reasonable under the circumstances, in
light of the stated purpose of the alien's visit, the alien will be
admitted for a period of 30 days.
(ii) Change of status to nonimmigrant student. An alien may be
admitted in B-1 or B-2 visitor status as a prospective student (that
is, an alien who intends to remain in the United States and apply for
change of nonimmigrant status as an F or M student at an approved
school), but the alien must state this intent at the time he or she
applies for admission to the United States as a B nonimmigrant. The
burden is on the prospective student, applying for admission as a B-1
or B-2 visitor, to explain to the inspecting Service officer that the
alien's ultimate purpose is to attend school in either F or M
nonimmigrant status, whether or not the alien's B nonimmigrant visa has
been annotated as a ``prospective student'' by a consular officer
abroad. (This requirement also applies with respect to Canadian
citizens and certain nationals, see Sec. 235.1(f)(1)(i) of this
chapter.) If an alien has already received any currently-valid Forms I-
20 from one or more approved schools, indicating that the alien has
been accepted for enrollment, the alien must also present those Forms
to the inspecting Service officer at the time of the application for
admission as a B visitor. The inspecting Service officer will make a
notation to the alien's Form I-94 reflecting that he or she is a
prospective student. See 8 CFR part 248 for a discussion of change of
nonimmigrant status for B-1 or B-2 visitors to that of an F or M
nonimmigrant student.
* * * * *
(6) Requests for extensions. (i) Eligibility. An alien admitted in
B-1 or B-2 status may apply for an extension of stay using Form I-539,
Application to Extend/Change Nonimmigrant Status. The alien bears the
burden of proving that he or she has the adequate financial resources
to continue his or her temporary stay in the United States and that he
or she is maintaining an unrelinquished residence abroad. An extension,
if granted, will be for a fair and reasonable period, not to exceed 6
months, as determined under the circumstances as established by the
alien, and based on information available to the Service.
(ii) General standards. In general, except as the Service's
publicly-stated policy may direct, the Service will grant an extension
of status only in the following circumstances:
(A) The alien establishes that an unexpected circumstance (that is,
a documented and significant situation or event that is out of the
alien's control) prevents the alien from departing the United States at
the conclusion of the granted period of admission (as noted
[[Page 18069]]
on the Form I-94, Arrival-Departure Record);
(B) An extension is appropriate for compelling humanitarian
reasons, including but not limited to situations involving an alien's
new or continued medical treatment, the need of an alien parent to stay
with his or her minor child receiving medical treatment or specialized
education in the United States, or the need of an alien adult to attend
to an acutely ill immediate family member who is receiving medical
treatment;
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The alien is a member of a religious denomination coming solely
and temporarily to do missionary work in behalf of a religious
denomination, provided that such work does not involve the selling of
articles or the solicitation or acceptance of donations;
(D) The alien is establishing a new office, as provided at
paragraph (l)(7)(i)(A)(3) of this section relating to intra-company
transfers;
(E) The alien is the personal or domestic servant of an alien or
United States citizen, as outlined at Sec. 274a.12(c)(17)(i) and (ii)
of this chapter;
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The alien is an employee of a foreign airline engaged in
international transportation of passengers or freight, as outlined at
Sec. 274a.12(c)(17)(iii) of this chapter; or
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The alien owns a home in the United States and occupies that
home on a seasonal or occasional basis only.
* * * * *
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
3. The authority citation for part 235 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225,
1226, 1227, 1228, 1252; 8 CFR part 2.
4. Section 235.1 is amended by revising paragraph (f)(1)(i) to read
as follows:
Sec. 235.1 Scope of examination.
* * * * *
(f) * * *
(1) * * *
(i) Any nonimmigrant alien described in Sec. 212.1(a) of this
chapter and 22 CFR 41.33 who is admitted as a visitor for business or
pleasure or admitted to proceed in direct transit through the United
States: provided, however, that a prospective student who is seeking
admission as a B nonimmigrant and whose intent is to remain in the
United States and change nonimmigrant status to that of an F or M
nonimmigrant student is required to state such intent to the inspecting
Service officer at the time of admission, to present any currently-
valid Forms I-20 that the student has received from an approved school,
and to complete a Form I-94;
* * * * *
PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION
5. The authority citation for part 248 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.
6. Section 248.1 is amended by adding paragraph (c)(2) to read as
follows:
Sec. 248.1 Eligibility.
* * * * *
(c) * * *
(2) A nonimmigrant who is admitted as a B-1 or B-2 visitor under
section 101(a)(15)(B) of the Act on or after (the effective date of a
final rule to be published in the Federal Register), may change
nonimmigrant classification to that of an F or M nonimmigrant student
only if the B-1 or B-2 visitor had stated such intent as a prospective
student at the time he or she applied for admission to the United
States as a B nonimmigrant, as provided in 8 CFR 214.2(b)(2)(ii). (This
requirement also applies with respect to Canadian citizens and certain
Canadian nationals, see 8 CFR 235.1(f)(1)(i).) A B nonimmigrant
applying to change nonimmigrant status to that of an F or M
nonimmigrant student under the provisions of Sec. 248.3 must submit,
with the application to change B nonimmigrant status, a copy of the
Form I-94 that contains an annotation reflecting the alien's
prospective student intent, or the application for change of status
will be denied. An alien who has been granted an extension of B
nonimmigrant status on or after (the effective date of a final rule to
be published in the Federal Register) is not eligible to apply for
change of status to that of an F or M nonimmigrant student.
Dated: April 9, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-8927 Filed 4-9-02; 1:54 pm]
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